Terms and Condition
Shoppifi is a transparent and ethical company and expects that its ethics and values are intentionally upheld all across. Shoppifi is bound by the relevant law of the land.
We suggest you go through our policies carefully, and keep visiting for updates.
Shoppifi Website Terms & Conditions
Use of the Shoppifi Platform/Shoppifi Services
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Shoppifi website located at Shoppifi.com, and all associated sites linked to Shoppifi.com, or any similar platform (hereinafter collectively, the Shoppifi Platform run by SHOPPIFI INDIA, having its registered office at First Floor P No. 2 Sy No. 86, NM Guda, Kishan Bagh, PO Bahadurpura, Hyderabad – 500064, Telangana, and/or any of its affiliates (hereinafter collectively, SHOPPIFI INDIA or Shoppifi ) on any device and/or before availing any services offered by Shoppifi on the Shoppifi Platform which may include marketplace service or any other service that may be offered by Shoppifi on the Shoppifi Platform (hereinafter individually, and collectively, the Shoppifi Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Shoppifi Services, whether offered by SHOPPIFI INDIA or its affiliates.
Acceptance
By registering on, accessing, browsing, using the Shoppifi Platform for any general purpose or for the specific purpose of availing any Shoppifi Service, you agree to be bound terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Shoppifi Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation any Shoppifi Service or any future service that may be offered by Shoppifi on the Shoppifi Platform. By registering on, accessing, browsing, or using (as applicable) the Shoppifi Platform or availing any Shoppifi Service, you automatically and immediately agree to all the T&Cs. If at any time you do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse or use the Shoppifi Platform and immediately terminate your availing the Shoppifi Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between you, being at least 18 years of age and an individual user of the Shoppifi Platform or a customer or beneficiary of the Shoppifi Services, and Shoppifi. All services are rendered by Shoppifi through the Shoppifi Platform under the brand name “Shoppifi” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Shoppifi, the marketplace service or any such other services which may be added on the Shoppifi Platform and which will henceforth be a Shoppifi Service, from time to time. The Shoppifi Services shall be used by you subject to your adherence with the T&Cs. As long as you accept and comply with these T&Cs, Shoppifi grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Shoppifi Platform and/or avail the Shoppifi Services.
Eligibility
The Shoppifi Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Shoppifi from availing the Shoppifi Services or accessing the Shoppifi Platform. By accepting the T&Cs or by otherwise using the Shoppifi Services on the Shoppifi Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by Shoppifi, or disqualified for any other reason, from availing the Shoppifi Services or using the Shoppifi Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Shoppifi reserves the right to suspend or permanently prevent you from availing Shoppifi Services or using the Shoppifi Platform.
Other Terms and Conditions
Additional terms and conditions may apply in order for you to avail specific Shoppifi Services and to specific portions or features of the Shoppifi Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Shoppifi Platform or for any Shoppifi Service offered on or through the Shoppifi Platform, the latter terms shall control with respect to your use of that portion of the Shoppifi Platform or the specific Shoppifi Service.
Shoppifi may make changes to any Shoppifi Services offered on the Shoppifi Platform, or to the applicable terms for any such Shoppifi Services, at any time, without notice. The materials on the Shoppifi Platform with respect to the Shoppifi Services may be out of date, and Shoppifi makes no commitment to update the materials on the Shoppifi Platform with respect to such Shoppifi Services.
Communication Policy
By accepting the T&Cs, you accept the following:
- Shoppifi may send alerts to the mobile phone number provided by you while registering with the Shoppifi Platform on any updated mobile number subsequently provided by you on the Shoppifi Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then you may not get the alert at all or get delayed messages.
- Shoppifi will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that you shall have received the information sent from Shoppifi as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Shoppifi Platform or availing any Shoppifi Services. Shoppifi shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Shoppifi liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
- The SMS/e-mail alert/push notification service provided by Shoppifi is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that you observe any error in the information provided in the alert, Shoppifi shall be immediately informed about the same by you and Shoppifi will make best possible efforts to rectify the error as early as possible. You shall not hold Shoppifi liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.
- The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Shoppifi shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
- You will indemnify and hold harmless Shoppifi and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Shoppifi or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by you or improper or fraudulent information provided by you; (ii) incorrect number or a number that belongs to an unrelated third party provided by you; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Shoppifi and/or the SMS/e-mail service provider.
- You will receive information via SMS, e mail and phone call regarding what Shoppifi perceive to be of your interest based on your usage history and browsing history (which information may be shared by SHOPPIFI INDIA with its affiliates). This includes providing information relating to offers, discounts and general information by Shoppifi. In case you do not want such information, you have to explicitly ask to be excluded.
Use of Shoppifi Platform
You understand that except for information, products or services clearly indicated as being supplied by Shoppifi, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Shoppifi cannot and does not guarantee or warrant that files available for download through the Shoppifi Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for accuracy of data input and output.
Prohibited Conduct
By accessing or using the Shoppifi Platform or by availing Shoppifi Services, you agree not to:
- violate the T&Cs;
- impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Shoppifi Services, perform any other similar fraudulent activity or otherwise avail Shoppifi Services with what we reasonably believe to be potentially fraudulent funds;
- infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
- use the Shoppifi Services if you are under the age of 18 years without a parental sponsor or, in any event, use the Shoppifi Services if you are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
- post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
- post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
- refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to Shoppifi;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Shoppifi Services and the Shoppifi Platform or features that enforce limitations on the use of the Shoppifi Services or the Shoppifi Platform;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Shoppifi Services or Shoppifi Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
- use the Shoppifi Services or the Shoppifi Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Shoppifi Services or the Shoppifi Platform in an automated manner;
- modify, adapt, translate or create derivative works based upon the Shoppifi Services and the Shoppifi Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
- intentionally interfere with or damage operation of the Shoppifi Services or the Shoppifi Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
- use any robot, spider, other automatic device, or manual process to monitor or copy the Shoppifi Platform without prior written permission;
- interfere or disrupt the Shoppifi Platform or networks connected to the Shoppifi Platform;
- take any action that imposes an unreasonably or disproportionately large load on Shoppifi’s infrastructure/network;
- use any device, software or routine to bypass the Shoppifi Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Shoppifi Services;
- forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Shoppifi Platform or to manipulate your presence on the Shoppifi Platform;
- sell the Shoppifi Services, information, or software associated with or derived from it;
- use the facilities and capabilities of the Shoppifi Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
- provide false, inaccurate or misleading information;
- use the Shoppifi Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Shoppifi Platform, except and only as expressly provided in the T&Cs;
- avail Shoppifi Services with what Shoppifi reasonably believes to be potentially fraudulent funds;
- use the Shoppifi Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Shoppifi, a third party or you;
- use the Shoppifi Services in a manner that Shoppifi or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
- take any action that may cause Shoppifi to lose any of the Shoppifi Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
- send automated request of any kind to the Shoppifi Platform without express permission in advance from Shoppifi.
Termination; Agreement Violations
You agree that Shoppifi, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Shoppifi Services/Shoppifi Platform and remove and discard on the Shoppifi Platform all or any part of your account, your user profile, or your recipient profile at any time. Shoppifi may also in its sole discretion and at any time discontinue providing access to the Shoppifi Services, or any part thereof, with or without notice. You agree that any termination of your access to the Shoppifi Services/Shoppifi Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Shoppifi will not be liable to you or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Shoppifi may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Shoppifi Services/Shoppifi Platform.
Limitation of Liability and Damages
In no event, Shoppifi or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the Shoppifi Services, the Shoppifi Platform or any reference site/app/platform/service; or (iii) your use or inability to use the Shoppifi Services, the Shoppifi Platform (including any and all materials) or any reference sites/app/platform/service, even if Shoppifi or a Shoppifi authorized representative has been advised of the possibility of such damages. In no event, Shoppifi or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the Shoppifi Services, the Shoppifi Platform or any reference site/app/platform/service; or (iii) your use or inability to use the Shoppifi services, the Shoppifi Platform (including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with Shoppifi, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Shoppifi Service or the Shoppifi Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that Shoppifi has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Shoppifi, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Shoppifi. Shoppifi would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Shoppifi’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
Indemnification
You agree to indemnify, save, and hold Shoppifi, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) your use or misuse of the Shoppifi Services or of the Shoppifi Platform; (ii) any breach of the representations, warranties, and covenants made by you herein. Shoppifi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Shoppifi, including rights to settle, and you agree to cooperate with Shoppifi’s defence and settlement of these claims. Shoppifi will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, Shoppifi and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Shoppifi or through the Shoppifi Services or the Shoppifi Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “Shoppifi” includes Shoppifi’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You acknowledge that Shoppifi is a reseller of All Accessories and obligations due to rates, quality and all other instances, whether to any such or otherwise. You expressly agree that use of the Shoppifi Services on the Shoppifi Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Shoppifi does not warrant that the Shoppifi Services will be uninterrupted or error-free or that defects in the site will be corrected. The Shoppifi Services and the Shoppifi Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Shoppifi, and its third party suppliers, licensors, and partners do not warrant that the data, Shoppifi software, functions, or any other information offered on or through the Shoppifi Services/Shoppifi Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Shoppifi and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Shoppifi Services/Shoppifi Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Shoppifi Services/Shoppifi Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Shoppifi be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Shoppifi Platform.
Ownership; Proprietary Rights
The Shoppifi Services and the Shoppifi Platform are owned and operated by Shoppifi and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Shoppifi Services and the Shoppifi Platform provided by Shoppifi (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Shoppifi, all Materials, trademarks, service marks, and trade names contained on the Shoppifi Platform are the property of Shoppifi and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Shoppifi or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Shoppifi Services/Shoppifi Platform. Except as expressly authorized by Shoppifi, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Shoppifi reserves all rights not expressly granted in this Agreement. If you have comments regarding the Shoppifi Services and/or the Shoppifi Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Shoppifi, and shall assign to Shoppifi, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Modification of this Agreement
Shoppifi reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Shoppifi Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the Shoppifi Platform, availing the Shoppifi Services or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Shoppifi Services/Shoppifi Platform. For certain changes, Shoppifi may be required under applicable law to give you advance notice, and Shoppifi will comply with such requirements. Your continued use of the Shoppifi Platform following the posting of changes will mean that you accept and agree to the changes.
Notice
Shoppifi may provide you with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Shoppifi Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Shoppifi must be sent by courier or registered mail to SHOPPIFI INDIA Communications, 1st floor, P No 2, Sy No.86, NM Guda, Kishan Bagh PO Bahadurpura, Hyderabad – 500064, Telangana.
Waiver
The failure of Shoppifi to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Shoppifi.
Dispute Resolution
If any dispute, controversy or claim arises under this Agreement or in relation to any Shoppifi Service or the Shoppifi Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably.
If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Shoppifi may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Hyderabad and the language of this arbitration shall be English. Either you or Shoppifi may seek any interim or preliminary relief from a court of competent jurisdiction in Hyderabad necessary to protect the rights or the property belonging to you or Shoppifi (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Shoppifi may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Shoppifi. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Shoppifi must be resolved by a court having jurisdiction in Hyderabad, India. You agree to submit to the personal jurisdiction of the courts located within Hyderabad, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
Severability
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Assignment; Restrictions on Information Sharing; Privacy
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without Shoppifi’s prior written consent which may be withheld in Shoppifi’s sole discretion, but this Agreement, and any rights granted hereunder, may be assigned by Shoppifi freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.
By accepting this Agreement and the T&Cs hereunder, you agree to be customers of Shoppifi (including, each of SHOPPIFI INDIA and its affiliates). In addition, by accepting this Agreement and the T&Cs hereunder, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring Shoppifi’s rights and obligations under this Agreement and the T&Cs in favour of any affiliate or third party; (b) for using the Shoppifi Platform and availing the Shoppifi Services by you subject to any specific terms and conditions imposed by any affiliate of Shoppifi; (c) for receiving communications, notices and information from any SHOPPIFI INDIA or any affiliate of SHOPPIFI INDIA; (d) for sharing of business information (including data analytics and any information relating to you or the services being availed by you) between SHOPPIFI INDIA and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to Shoppifi’s customers (including you); (ii) provision of better services by Shoppifi’s vendors; (iii) to prevent any breach of a binding agreement between SHOPPIFI INDIA and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by Shoppifi or by any affiliate of Shoppifi; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of SHOPPIFI INDIA or any affiliate; or (vi) SHOPPIFI INDIA retaining any and all information relating to you till such time as may be required under applicable laws or internal policies.
At times SHOPPIFI INDIA or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with Shoppifi to provide products and services, or that help Shoppifi market to customers. Personal information will only be shared by Shoppifi to provide or improve Shoppifi’s products, services and advertising, and will always be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes.
Shoppifi, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in Shoppifi’s products and services, offering any products or services from any Shoppifi Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable law and these companies are obligated to protect your personal information under applicable law.
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for Shoppifi to disclose your personal information. Shoppifi may also disclose information about you if Shoppifi determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
Shoppifi may also disclose information about you if Shoppifi determines that disclosure is reasonably necessary to enforce the T&Cs or protect Shoppifi’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of Shoppifi’s business or products or services offered through any Shoppifi Platform to any persons (including any affiliates), Shoppifi may transfer any and all personal information that Shoppifi collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees.
For the purposes of these T&Cs, the term “affiliates” means and includes: (a) any company which is the holding company (as defined in the Companies Act, 2013), subsidiary company (as defined in the Companies Act, 2013) or associate company (as defined in the Companies Act, 2013) of SHOPPIFI INDIA; or (b) a person under the control of or under common control with SHOPPIFI INDIA; or (c) any company, who is an associate company (as defined in the Companies Act, 2013) of the first company, or if more than 50% of the share capital of such company (calculated on a fully diluted basis) is held by the same shareholders who own more than 50% of the share capital of SHOPPIFI INDIA (calculated on a fully diluted basis).
For the purpose of this definition of an “affiliate”, “control” together with its grammatical variations when used with respect to any person (including Shoppifi), means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the voting securities, by contract or otherwise howsoever; and a “person” means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever.
Shoppifi’s privacy policy applies to use of the Shoppifi Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the Shoppifi Platform, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Shoppifi Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Survival
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
Headings
The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement
This Agreement is the entire agreement between you and Shoppifi relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Shoppifi in accordance with the terms of this Agreement.
Coupon Redemption
In addition to the T&Cs, coupon redemption is subject to standard and specified terms and conditions mentioned by respective retailers. Coupons are issued on behalf of respective retailers. Hence, any damages, injuries, losses incurred by the you as a result of using the coupon is not the responsibility of Shoppifi and its affiliates, and each of their directors, officers, employees, and agents. Total cashback for a user cannot be more than 50% of his payments or Rs 5,000, whichever is higher. This term supersedes any offer related to any other Shoppifi Service.
Physical Goods Marketplace – Terms & Conditions
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Shoppifi website located at Shoppifi.com, and all associated sites linked to Shoppifi.com, or any similar platform (hereinafter collectively, the Shoppifi Platform run by SHOPPIFI INDIA, having its registered office at First Floor P No. 2 Sy No. 86, NM Guda, Kishan Bagh, PO Bahadurpura, Hyderabad – 500064, Telangana, and/or any of its affiliates (hereinafter collectively, SHOPPIFI INDIA or Shoppifi ) on any device and/or before availing any physical goods marketplace related services offered by Shoppifi on the Shoppifi Platform (hereinafter individually, and collectively, the Shoppifi Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Shoppifi Services, whether offered by SHOPPIFI INDIA or its affiliates.
Eligibility
The Shoppifi Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Shoppifi from availing the Shoppifi Services or accessing the Shoppifi Platform. By accepting the T&Cs or by otherwise using the Shoppifi Services on the Shoppifi Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by Shoppifi, or disqualified for any other reason, from availing the Shoppifi Services or using the Shoppifi Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Shoppifi reserves the right to suspend or permanently prevent you from availing Shoppifi Services or using the Shoppifi Platform.
Shoppifi Marketplace Terms and Conditions
The terms and conditions in relation to the online marketplace service on the Shoppifi Platform set out below (hereinafter Marketplace Terms) are applicable to and binding on you in conjunction with the general T&Cs already accepted by you. Each T&C is applicable to and binding on you, or any of your activities on the Shoppifi Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned here includes the terms and conditions in relation to the marketplace set out below, other service-specific terms and conditions in relation to Shoppifi Services or Shoppifi Platform.
Shoppifi is the provider of online marketplace service, where branded merchandises are displayed online by the various registered merchants (hereinafter Merchant or Merchants) for sale and you can purchase the same, subject to the Marketplace Terms as well as T&Cs in general. Shoppifi offers the online marketplace service to you through various modes including issue of coupons & vouchers and through various websites accessible through the Shoppifi Platform. The actual contract for sale is directly between the Merchant and you. Shoppifi provides the services of listing catalogues, pricing, shipping, etc. which is informational and it is up to you to follow it or not. Shoppifi may help facilitate the resolution of disputes through various modes. Shoppifi has no control over: (a) the existence, quality, safety or legality of items displayed; (b) the accuracy of third party content or listings including that of registered Merchants; (c) the ability of Merchant’s or sellers to sell items; (d) the ability of buyers to pay for items. Shoppifi does not, at any point of time during any transaction between buyer and Merchant or seller, take the ownership of any of the goods offered by the Merchant or seller. Nor does Shoppifi, at any point, assert any rights or claims over the goods or services offered by the Merchant or seller to the buyer. In using the online market place service, you explicitly agree and acknowledge that:
- Shoppifi, through the Shoppifi Platform also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by the Merchant. Shoppifi is a service provider and does not take any legal responsibility for the authenticity or quality of such branded products/services and customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
- Shoppifi may offer delivery services for some of the products on the Shoppifi Platform as per Shoppifi’s T&Cs, which may be changed by Shoppifi without any notice to you.
- Shoppifi is not a warrantor of the products/ services being offered on the Shoppifi Platform by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ manufacturer. All the products are governed by the terms of warranties provided by the respective Merchants/ manufacturer/ owners of brands/ sellers. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that Shoppifi gives no guarantee, either express or implied, regarding the product bought by you or for the use or availability of online marketplace service. Customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
- The price of products offered on the Shoppifi Platform is MRP, retail price, sale price, discounted price as offered by our Merchant partner. Shoppifi is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the Shoppifi Platform. Shoppifi is not linked with any warranty, guarantee, post-sale claims, genuineness of products or brand, as it is just a platform that facilitates sales for its Merchant partners. Shoppifi will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.
- The Shoppifi Platform makes available general third party information such as, product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter Third Party Content). Similar Third Party Content would also be available to you on the email received by you from Shoppifi. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. Shoppifi does not provide any guarantee with respect to any of the Third Party Content and Shoppifi shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.
- Cancellation
- Cancellation by Shoppifi: There may be certain orders that Shoppifi Merchant partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non- availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, or problems identified by Shoppifi’s credit and fraud avoidance department. Shoppifi may also require additional verifications or information before accepting any order. Shoppifi will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card or bank account has been charged, the said amount will be reversed back in your credit card / bank account. A promo code, once used, shall not be refunded in case of cancellation of order either by you or Shoppifi.
- Cancellation by the User: In case of requests for order cancellations, Shoppifi reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Shoppifi receives a cancellation notice and the order has not been processed/ approved by Shoppifi, Shoppifi shall cancel the order and refund the entire amount to you instantly. Shoppifi will not be able to cancel orders that have already been partially or fully processed. Shoppifi has the full right to decide whether an order has been processed or not or whether an order has been partially or fully processed. You agree not to dispute the decision made by Shoppifi and accept Shoppifi’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped, refund shall be made subject to the returns process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.
- Shoppifi reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Shoppifi as per certain criteria. Any Shoppifi promo code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, which includes:
- Products ordered are not for self-consumption but for commercial resale;
- Multiple orders placed for same product at the same address;
- Bulk quantity of the same product ordered;
- Invalid address given in order details; or
- Any malpractice used to place the order.
Promo codes shall be subject to specific terms and conditions, from time to time, and Shoppifi may disallow usage which breaches such terms and conditions.
- Delivery of the Product: Your shipping address and pin code will be verified with the database of Shoppifi for delivery serviceability before you proceed to pay for your purchase. In the event your order is not serviceable by our delivery partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Shoppifi, in such cases Shoppifi will not be responsible for the non-delivery of the product. In case you book multiple orders for the products and services in one transaction, Shoppifi would endeavour to ship all products together. However, this may not always be possible due to some product characteristics or logistical issues. If you purchase multiple products in single transaction, then all the products would be dispatched to a single shipping address given by you. If you wish to ship products to different addresses, then you should book the orders separately based on the delivery addresses.
- Return Policy
- In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team.
- Upon receiving your complaint, Shoppifi shall verify the authenticity and the nature of the complaint. If Shoppifi is convinced that the complaint is genuine, Shoppifi will inform the relevant Merchant of such complaint and request for a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, other than not requesting the Merchant for a replacement, Shoppifi reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by Shoppifi in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and Shoppifi shall not in any manner be held liable for the same.
- Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, Shoppifi requests you to refuse to accept delivery and inform Shoppifi at the earliest. The return process of the product may be restricted by Shoppifi depending on the nature and category of the product.
- In order to return any products sold through the Shoppifi Platform, you are required to comply with the following conditions:
- For non-damaged/ non defective product/service, you shall be allowed to return the product within the time frame displayed on website at the time of purchase;
- Please notify Shoppifi of receipt of damaged/ defective product/service within 48-hours of delivery to you. If you are unable to do so within 48-hours, Shoppifi/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order;
- Shoppifi will arrange pick-up of the damaged/defective product through its own logistics partner. In the event Shoppifi is unable to do so, Shoppifi will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with Shoppifi;
- Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices, etc.;
- Shoppifi offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not properly described is the Merchant or seller’s responsibility. If applicable, you also authorize Shoppifi to place the return shipping costs on your invoice;
- It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
- The returned products are subject to verification and checks by Shoppifi in order to determine the legitimacy of the complaint/ return;
- In the event the return of a product is duly accepted by Shoppifi, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, will be refunded to you. Refund will be processed based on the mode of payment and Shoppifi will credit your refunds directly into Shoppifi Wallet account. Refunds will be subject to the following:
- Orders paid online will be refunded instantly through the Shoppifi Wallet;
- For Cash on Delivery payments also the amount will be refunded into your Shoppifi Wallet;
- You can trigger a request in your Shoppifi Wallet to transfer the money from your Shoppifi Wallet to your bank account, subject to any applicable terms. It will take 3-21 working days for the money to show in your bank account depending on your bank’s policy. If for any reasons, amounts cannot be returned to your wallet, they will be returned through other modes, subject to you providing the necessary information and cooperation, to Shoppifi.
- A promo code, once used, shall not be refunded in case of cancellation of order either by you or Shoppifi.
- Use of Information: We may share your telephone/mobile numbers or e-mail addresses with our service providers (such as billing or collections companies) who we have contracted with Shoppifi to assist us in pursuing our rights or performing our obligations under the user agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using auto-dialed or pre-recorded messages calls and/or SMS or messages in any form, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
- By accepting the Marketplace Terms here and the T&Cs in general, you accept that Shoppifi may send the alerts to the mobile phone number/ email address provided by you at the time of registering for the Shoppifi Service/Shoppifi Platform or to any such number/e-mail address replaced and informed by you subsequently.
- Content: While Shoppifi tries to offer reliable data, Shoppifi cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content.
- Limitation of liability and waiver: In no event, Shoppifi or its Merchants, sellers, contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the Shoppifi Services, the Shoppifi Platform or any reference site/app/platform/service; or (iii) your use or inability to use the Shoppifi Services, the Shoppifi Platform (including any and all materials) or any reference sites/app/platform/service, even if Shoppifi or a Shoppifi authorized representative has been advised of the possibility of such damages. In no event, Shoppifi or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the Shoppifi Services, the Shoppifi Platform or any reference site/app/platform/service; or (iii) your use or inability to use the Shoppifi services, the Shoppifi Platform (including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with Shoppifi, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Shoppifi Service or the Shoppifi Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that Shoppifi has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Shoppifi, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Shoppifi. Shoppifi would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Shoppifi’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, or the T&Cs, and the Marketplace Terms.
- Dispute Resolution: If any dispute, controversy or claim arises under this Agreement or in relation to any Shoppifi Service or the Shoppifi Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs or the Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Shoppifi may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Concilia